Case Type
Holdover-Lease Expiration
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-319949-23/BX
Petitioner
Plaza Borinquen 88 Owner II LP
Respondent
Hipolito Montalvo; "JOHN DOE"/"JANE DOE"; New York City Housing Authority
Judge
Lutwak, Diane E.
Decision/Order Date
2024-04-08
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Landlord sought eviction of a Rent Stabilized, project-based Section 8-subsidized tenant,, citing substantial violation of HUD rules due to the tenant's status as a Level Two sex offender and alleged criminal activity. The tenant contested proper service of the termination notice and notice of petition, highlighting procedural irregularities. The court determined the termination notice's sufficiency and found the tenant sufficiently rebutted service, leading to a denial of the landlord's motion and a win for the tenant.
Recommended Citation
"Plaza Borinquen 88 Owner II LP v. Montalvo" (2024). All Decisions. 1526.
https://ir.lawnet.fordham.edu/housing_court_all/1526
